Delhi High Court – Orders
Vijay Kumar @ Champion vs State Of Nct Of Delhi And Anr on 14 February, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2068/2023 & CRL.M.A. 34302/2023, CRL.M.(BAIL)
1017/2023
VIJAY KUMAR @ CHAMPION .....Petitioner
Through: Mr. Rohit Krishan Naagpal,
Advocate.
versus
STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel
(Criminal) with Mr. Abhinav Kr.
Arya and Ms. Priyam Agarwal,
Advocates for State.
SI Ali Akram, P.S. Patel Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 14.02.2025
1. The Present writ petition under Article 226 of the Constitution of
India, 19501 read with Section 482 of the Code of Criminal Procedure,
1973,2 seeks quashing of the FIR 582/20223 dated 19th September, 2022
under Sections 392/397/506/34 of the Indian Penal Code, 18604 registered at
P.S. Patel Nagar. The Petitioner also seeks a direction restraining
Respondent No.1 from effecting his arrest in connection with the said FIR.
2. Briefly, the case of the prosecution is as follows:
2.1 The FIR has been registered on the complaint of one Vinay Arora
1
“Constitution”
2
“CrPC”
3
“Impugned FIR”
W.P.(CRL) 2068/2023 Page 1 of 8
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dated 22nd July, 2022 wherein he has alleged that on 14th July, 2022, he and
his manager, Naveen Choudhary, visited the Vivo Service Centre in Patel
Nagar to get his mobile phone repaired. After being informed that the repair
would take approximately 30 minutes, they stepped outside in search of a
nearby eatery for a sandwich. Meanwhile, the Petitioner, Vijay Kumar @
Champion, and another accused, Jujhar Singh @ Dara, arrived on scooters.
The Petitioner allegedly grabbed the complainant by the collar and
threatened him in order to extort money. When the complainant refused, the
Petitioner pulled out a buttoned knife from his trousers and placed it on the
complainant’s neck. Fearing for his safety, the complainant handed over Rs.
8,000 to the Petitioner. Following this, Jujhar Singh @ Dara allegedly
suggested filming an offensive video of the complainant. Based on this
complaint, offenses under Section 384/506/34 of the IPC were made out,
and an FIR was duly registered.
2.2. During the investigation, the complainant provided further details,
alleging that the Petitioner forced him to pose in a humiliating manner and
lick his own spit while the co-accused, Jujhar Singh @ Dara, recorded the
incident. The video was allegedly sent to the Petitioner’s elder brother,
Harikishan @ Raju Mental. The two accused then threatened the
Complainant, warning him that if he reported the incident to the police, they
would kill his family. The Complainant also claimed that the Petitioner and
co-accused Jujhar Singh @ Dara had previously extorted money from him
through intimidation and threats. As a result, the charge under Section 384
of the IPC was replaced with Sections 392/397 of the IPC. Efforts to locate
Jujhar Singh @ Dara and the Petitioner were made, but both were found to
4
“IPC”
W.P.(CRL) 2068/2023 Page 2 of 8
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be absconding.
2.3. Subsequently, Jujhar Singh @ Dara surrendered before the Court in
connection with Case FIR No. 718/2014, registered at P.S. Delhi Gate,
Aligarh. He was subsequently arrested in the present case after receiving
permission from the ACMM Court at Tis Hazari on 24 th March 2023. Upon
further investigation, a Police Custody remand for Jujhar Singh @ Dara was
obtained, and on his instance, a mobile phone, reportedly used in the
commission of the crime, was recovered and seized. The phone has been
sent to the FSL for examination, and the results are pending.
2.4. As the Petitioner remained absconding, proceedings under Section 82
of the CrPC were initiated against him, and he has been declared as a
“Proclaimed Offender” by the ACMM, Tis Hazari Court on 5th December,
2023. Consequently, offence under Section 174A of the IPC was also added.
Furthermore, the Petitioner has a history of 29 criminal cases, including
those related to murder, attempt to murder, and robbery.
3. Counsel for the Petitioner contends that the Petitioner has been falsely
implicated and has no involvement in the alleged offence. He submits that
the FIR is a result of a malicious scheme orchestrated by the complainant in
collusion with the Investigating Officer, and that the allegations are baseless
and unsupported by any corroborative evidence. Despite CCTV cameras
being installed at the location, no footage has been produced to support the
prosecution’s case, and there are no independent eyewitnesses to the alleged
incident. He further contends that the claim regarding the recording of an
offensive video on the Petitioner’s mobile phone is baseless, as no
independent witness has corroborated this assertion. The Petitioner is willing
to submit his mobile phone for forensic examination, and the FSL report will
W.P.(CRL) 2068/2023 Page 3 of 8
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clarify whether any such video exists. He also argues that the prosecution’s
repeated emphasis on the Petitioner’s prior criminal record is merely an
attempt to prejudice his case. He asserts that past antecedents cannot, by
themselves, be a justification to deny the relief sought, particularly when the
allegations in the present case are implausible and unsupported by credible
evidence
4. Counsel for the Petitioner also places reliance on Supreme Court’s
judgment in State of Haryana v. Bhajan Lal5 to contend that the FIR
warrants quashing, as the allegations are so inherently improbable and
absurd that no reasonable person could conclude there is sufficient ground to
proceed against the Petitioner. He argues that the FIR does not disclose any
prima facie case for the offences alleged by the prosecution. Furthermore, he
asserts that the Complainant has deliberately concealed prior complaints and
applications filed before various forums, which were amicably settled. He
also points out that the FIR was registered pursuant to an application under
Section 156(3) of CrPC, without any prior complaint being lodged with the
police, indicating procedural impropriety. Lastly, he contends that Section
397 of IPC was added without due consideration, solely to bypass the
safeguards laid down in Arnesh Kumar & Ors. v. State of Bihar.6
5. The Court has considered the aforenoted contentions, but finds no
grounds to interfere. The principles governing the quashing of an FIR under
Section 482 of CrPC have been well established by the Supreme Court in
State of Haryana Vs. Ch. Bhajan Lal and Ors.,7 wherein the Court has laid
down some of the principles under which FIR/complaints/criminal
5
1992 Supp (1) SCC 335
6
(2014) 8 S.C.R. 128
W.P.(CRL) 2068/2023 Page 4 of 8
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cases could be quashed, in the following manner:
“102. In the backdrop of the interpretation of the various relevant
provisions of the Code under Chapter XIV and of the principles of law
enunciated by this Court in a series of decisions relating to the exercise
of the extraordinary power under Article 226 or the inherent powers
under Section 482 of the Code which we have extracted and reproduced
above, we give the following categories of cases by way of illustration
wherein such power could be exercised either to prevent abuse of the
process of any court or otherwise to secure the ends of justice, though it
may not be possible to lay down any precise, clearly defined and
sufficiently channelised and inflexible guidelines or rigid formulae and to
give an exhaustive list of myriad kinds of cases wherein such power
should be exercised.
(1) Where the allegations made in the first information
report or the complaint, even if they are taken at their face
value and accepted in their entirety do not prima facie
constitute any offence or make out a case against the
accused.
(2) Where the allegations in the first information report
and other materials, if any, accompanying the FIR do not
disclose a cognizable offence, justifying an investigation
by police officers under Section 156(1) of the Code except
under an order of a Magistrate within the purview of
Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of the
same do not disclose the commission of any offence and
make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non-cognizable
offence, no investigation is permitted by a police officer
without an order of a Magistrate as contemplated under
Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the basis of
which no prudent person can ever reach a just conclusion
that there is sufficient ground for proceeding against the
accused.
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act (under
which a criminal proceeding is instituted) to the institution
and continuance of the proceedings and/or where there is7
1992 Supp. (1) SCC 335W.P.(CRL) 2068/2023 Page 5 of 8
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a specific provision in the Code or the concerned Act,
providing efficacious redress for the grievance of the
aggrieved party.
(7) Where a criminal proceeding is manifestly attended
with mala fide and/or where the proceeding is maliciously
instituted with an ulterior motive for wreaking vengeance
on the accused and with a view to spite him due to private
and personal grudge.”
(emphasis added)
6. As summarized in the afore-said judgment, quashing is warranted
only in cases where the allegations, even if taken at face value, do not
disclose any cognizable offence, where the prosecution is manifestly
attended with mala fides, or where the allegations are so inherently
improbable that no reasonable person can accept them. In the present case,
the allegations made in the FIR, do prima facie disclose the commission of
cognizable offences. The argument of the Petitioner, that the allegations are
baseless and unsupported by corroborative evidence, cannot be examined at
this stage, as it pertains to factual disputes that are within the domain of trial.
The threshold for quashing an FIR is not whether the prosecution has
gathered conclusive proof but whether the allegations, on their own, make
out a case for investigation or trial. The absence of direct eyewitnesses is not
a ground for quashing, as criminal acts often take place in a concealed
manner. Moreover, the complainant has reiterated his version during the
investigation.
7. As regards the contention that the FIR was lodged belatedly and is
therefore unreliable, it is a settled position of law that mere delay in lodging
an FIR does not ipso facto a ground for quashing the FIR.8 The delay in
lodging an FIR must be considered in the context of the allegations and
8
Mohammad Wajid and another vs. State of U.P. and others, AIR 2023 SC 3784
W.P.(CRL) 2068/2023 Page 6 of 8
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circumstances, which in the present case is not inordinate, for the Court to
quash the impugned FIR.
8. The Petitioner further contends that there is no corroborative evidence
such as CCTV footage or eyewitness accounts to support the complainant’s
version. However, as consistently held by the Supreme Court, an FIR cannot
be quashed solely on the ground of lack of independent corroboration at the
inception of an investigation. The absence of CCTV footage or independent
witnesses does not conclusively negate the allegations, especially when the
offence is alleged to have been committed in a manner that would not
necessarily have external witnesses. The complainant’s statement, duly
recorded during the investigation, carries evidentiary value and cannot be
disbelieved at this stage.
9. The argument that Section 397 of IPC was added without proper
justification is also untenable. The Investigating Officer is vested with the
discretion to amend charges based on the evolving facts of the investigation.
If the Petitioner disputes the applicability of Section 397 of IPC, the
appropriate remedy lies before the trial court at the stage of framing of
charges, not in a petition for quashing the FIR.
10. Lastly, the Petitioner’s reliance on Arnesh Kumar is misplaced. The
judgment in Arnesh Kumar pertains to the necessity of arrest and procedural
safeguards to prevent arbitrary arrests in certain categories of offences.
However, it does not lay down a principle for quashing an FIR merely
because a particular offence has been added during the investigation. If the
Petitioner apprehends wrongful arrest, the proper course would be to seek
appropriate relief in accordance with the law, rather than seeking the
extraordinary remedy of quashing an FIR.
W.P.(CRL) 2068/2023 Page 7 of 8
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11. As regards the Petitioner’s prayer for a direction restraining
Respondent No. 1 from taking any coercive action against him, it must be
emphasised that a writ petition under Article 226 of the Constitution,
seeking quashing of an FIR, cannot serve as a substitute for availing
remedies specifically provided under the Bharatiya Nagarik Suraksha
Sanhita, 2023, for securing personal liberty. The Petitioner’s earlier attempt
to secure pre-arrest bail has already been rejected, and therefore, this plea
cannot be entertained in the present proceedings.
12. In light of the foregoing, this Court finds that the allegations in the
FIR, taken at face value, do disclose the commission of cognizable offences,
and the contentions raised by the Petitioner do not fall within the limited
grounds for quashing an FIR as laid down in Bhajan Lal and other
precedents. Consequently, the present petition is devoid of merit and is
accordingly dismissed.
13. Dismissed along with pending applications.
SANJEEV NARULA, J
FEBRUARY 14, 2025/as
W.P.(CRL) 2068/2023 Page 8 of 8
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